Employer disclosed medical information to colleagues

[decoratingwizz]

HI

I am hoping to get some advice on here in relation to this matter.

I became ill last weekend - finding it very difficult to get over minor ailments and upon further exploration with the doctor this week I have been signed off work until mid next week with stress. Without disclosing the sort of work I do or my employer, it's suffice to say I work in one of the most notable roles for stress and burnout.

I received the note from my doctor this week and scanned and emailed a copy to my manager for efficiency as well as posting a copy which I marked 'confidential'.

Last night I received a a message from one of my colleagues, the intent of which was well meaning, but stating that she was aware for the reasons why I was off. When I queried who had told her and who knew she stated that my team knew and that it had been discussed that day. My manager is the only person who knows the content of the letter from my doctor and therefore the information could ot have come from anyone other than her.

I am sure that this is covered under the Data Protection Act? My understanding is that it is sensitive information which should not be disclosed without my consent and only if there's an immediate 'need', i.e. life and death situation.

Whilst I appreciate my colleague's concern, I am now understandable stressed as to who knows, what they know and who else they have told. Any ideas about moving this forward? I did write an email to my manager last night but haven't sent it as thought I needed to sleep on the matter and review it in the morning.

Any help appreciated.

[decoratingwizz]

Re: Employer disclosed medical information to colleagues

I forgot to add that despite the role I do, which you would imagine to be understanding towards mental health concerns/stress, etc, are in reality, not that understanding or helpful.

[teaboy2]

Re: Employer disclosed medical information to colleagues

Can you post up a draft of the email you have written prior to sending it? As its important you don't send anything to make the situation worse or where you may be shooting yourself in the foot, so to speak.

Disclosing a person mental health status is a breach of sensitive data under section 2 subsection 1(e) of the data protection act 1998.

However before we can make such allegations for breach of data protection, we have to ascertain, what exactly was said. Did the manager specifically refer to you being off work due (A) Stress, (B) Stress related issues or (C) Illness. As for your colleagues did they have the need to know, are they HR team members?

Its also important to note, that it has not been disclosed to the public, but has been kept within the company. And depending on your answers to my above questions it may not be a breach of Data Protection Act 1998 - As sometimes such data must be disclosed for employment reasons. Your mamager for instance would have to forward what you sent them to HR (or person responsible for managing staff levels and Pay etc)

[wales01man]

Re: Employer disclosed medical information to colleagues

Have to ask what you want to come out of this? An apology?Compensation? think your health is more important that worrying about this .Get well first then talk to the manager

[decoratingwizz]

Re: Employer disclosed medical information to colleagues

Hiya

Thanks for the replies.

Wales01man: Yes you are right I do need to focus on getting well. But a much as I like one of my team members she can be a bit of a gossip. I do not want this going round the office. Furthermore my industry is not often kind towards mental health concerns, although you would assume by the nature of the work we do that this would be otherwise.

Teaboy2: I agree about needing further advice before sending email. What I want to make clear is that I know that this has been discussed and I would prefer it if it was not discussed any further with people who do not need to know.

I do not work in HR. I work in the field of protection and so do my colleagues. I anticipated that the info would be shared with HR but not my immediate colleagues.

The message received from my colleague last night stated that they were surprised and sorry to hear I had been signed off with stress, then stuff about feeling better, etc.

When I thanked her and asked who had told her and who else knew she named my manager and another team member and said they had told her this morning when she came in.

I asked her to keep it to herself.

Re: email to manager (this was written last night and I deliberately didn't send it as thought best to sleep on it).

Dear XXXX

I received a message from a colleague last night about the reasons for me being unwell at the moment. The letter from my doctor which I sent to you by post states confidential on the envelope; however I also scanned the letter and also sent it to you via email for efficiency.
I was somewhat surprised at the messages from one of my colleagues as the details of my appointment with my doctor have only been disclosed to you. Whilst I appreciate the kind words and concern of my colleague, I presumed such sensitive medical information would remain confidential and would not have been shared with colleagues outside of HR without my consent.
Due to the nature of my absence, please could you ensure that my health matters are not discussed in the office any further. It would be good if we can revisit this issue when I am well again and have returned to work.

Regards,

XXXXX

Thoughts?

[teaboy2]

Re: Employer disclosed medical information to colleagues

Hiya

Thanks for the replies.

Wales01man: Yes you are right I do need to focus on getting well. But a much as I like one of my team members she can be a bit of a gossip. I do not want this going round the office. Furthermore my industry is not often kind towards mental health concerns, although you would assume by the nature of the work we do that this would be otherwise.

Teaboy2: I agree about needing further advice before sending email. What I want to make clear is that I know that this has been discussed and I would prefer it if it was not discussed any further with people who do not need to know.

I do not work in HR. I work in the field of protection and so do my colleagues. I anticipated that the info would be shared with HR but not my immediate colleagues.

The message received from my colleague last night stated that they were surprised and sorry to hear I had been signed off with stress, then stuff about feeling better, etc.

When I thanked her and asked who had told her and who else knew she named my manager and another team member and said they had told her this morning when she came in.

I asked her to keep it to herself.

Re: email to manager (this was written last night and I deliberately didn't send it as thought best to sleep on it).

Dear XXXX

I received a message from a colleague last night about the reasons for me being unwell at the moment. The letter from my doctor which I sent to you by post states confidential on the envelope; however I also scanned the letter and also sent it to you via email for efficiency.
I was somewhat surprised at the messages from one of my colleagues as the details of my appointment with my doctor have only been disclosed to you. Whilst I appreciate the kind words and concern of my colleague, I presumed such sensitive medical information would remain confidential and would not have been shared with colleagues outside of HR without my consent.
Due to the nature of my absence, please could you ensure that my health matters are not discussed in the office any further. It would be good if we can revisit this issue when I am well again and have returned to work.

Regards,

XXXXX

Thoughts?

Slight amendment for you:

Dear XXXX

I received a message from a colleague last night about the reasons for me being unwell at the moment. The letter from my doctor which I sent to you by post states confidential on the envelope; however I also scanned the letter and also sent it to you via email for efficiency.
I was somewhat surprised at the messages from one of my colleagues as the details of my appointment with my doctor have only been disclosed to you. Whilst I appreciate the kind words and concern of my colleague, I presumed such sensitive medical information would remain confidential and would not have been shared with colleagues outside of HR without my consent.

Disclosing such information without my consent, is a breach of confidentiality and a breach of the data protection act 1998 section 2. And as such, such sensitive data should not have been disclosed to anyone other than HR, for processing my absence and sickness remuneration, as well as to occupation health for assessment etc.

Due to the nature of my absence, please could you ensure that my health matters are not discussed in the office any further. It would be good if we can revisit this issue when I am well again and have returned to work - I also request that you speak to all whom you have told about my reason for not being at work, and advise them to not discuss the matter with 3rd parties or amongst themselves due to confidentiality reasons.

Regards,

XXXXX


You should also copy HR in to the email so they to receive the email and will be aware of the manger having disclosed such information. They will then deal with it as they sit fit, unless you want to make a formal grievance about the managers actions - Which i suspect you do not wish too.

[enquirer]

Re: Employer disclosed medical information to colleagues

A slight further addition - when asking for colleagues to be told not to discuss it, point out that now that they are in possession of this confidential information, the Act also applies to them.

[decoratingwizz]

Re: Employer disclosed medical information to colleagues

Thanks for your contributions all.

An update from me - I sent the email after also checking with the ICO, who confirmed it did breach Data Protection and further assisted me with composing the email.

I now have confirmation in writing from my manager that she did disclose to my immediate colleagues the exact reason for me being off and not just that I was 'off'.

This followed two phone calls today - one at lunch and one at 7.30pm(!) to discuss this matter.

Hopefully I will be returning to work next week and she wishes to have supervision to discuss the matter further and note my concerns on my personell file. Whilst she apologised for causing me any undue distress by telling my colleagues, she justified this by saying that she felt they needed to know. Now I am dubious about having further conversations with her about my well being and TBH my trust has been lost. I made it clear I have no issues with them knowing I'm off but I do have issues with them knowing why I'm off. I have asked for further confirmation of our conversation this evening in writing.

[decoratingwizz]

Re: Employer disclosed medical information to colleagues

BTW @ Golden Retriever - I did comment during our phone conversation that this information is now 'out there' in terms of my immediate colleagues knowing. I highlighted that there's no guarantee that these people will not share this information. It's useful to know that them knowing this info now means they are subject to the DPA 98 and this is something I will note in supervision. I wonder whether anyone can direct me to a layman's guide to the DPA section 2 as Teaboy2 referenced? I have had a look at one on legislation.gov. site but I kinda need a reference guid to go with it - or alternatively perhaps someone could point me out to the bits in the section which specifically relate to my circumstances? Thanks

[teaboy2]

Re: Employer disclosed medical information to colleagues

2 Sensitive personal data.

In this Act “sensitive personal data” means personal data consisting of information as to—
(a)the racial or ethnic origin of the data subject,
(b)his political opinions,
(c)his religious beliefs or other beliefs of a similar nature,
(d)whether he is a member of a trade union (within the meaning of the M1Trade Union and Labour Relations (Consolidation) Act 1992),
(e)his physical or mental health or condition,

(f)his sexual life,
(g)the commission or alleged commission by him of any offence, or
(h)any proceedings for any offence committed or alleged to have been committed by him, the disposal of such proceedings or the sentence of any court in such proceedings.

And - http://www.legislation.gov.uk/ukpga/1998/29/schedule/1

That should help you.

[decoratingwizz]

Re: Employer disclosed medical information to colleagues

Thanks for everyone's updates - taking this a step further - having thought about the conversation last night I am actually deeply unhappy that this info was shared. I will be drafting another letter for delivery about this issue when I return to work but I have been toying with the idea of handing in my notice for sometime due to a range of issues and this issue for me really is 'the last straw'. Thoughts on noting this matter in my resignation letter or keeping them separate?

[teaboy2]

Re: Employer disclosed medical information to colleagues

What were the other issues?

Personally i wouldn't resign until you have other employment first.

[decoratingwizz]

Re: Employer disclosed medical information to colleagues

Being humiliated/shouted at by a previous manager. Lack of opportunity - scale down of training in line with budget cuts. Ongoing erosion of confidence and self esteem!

[decoratingwizz]

Re: Employer disclosed medical information to colleagues

Being asked to do work which I'm not qualified for...

[enquirer]

Re: Employer disclosed medical information to colleagues

Careful you don't over egg the pudding ...